History
"In any claimed appeal of right or discretionary appeal in which the state is not a party but nevertheless may have an interest, the Supreme Court may invite the state solicitor to file a jurisdictional memorandum expressing the views of the state before making its determination of jurisdiction."
—Supreme Court of Ohio Rule III, Section 6(E). [1]
The position was created in 1993 by Ohio Attorney General Lee Fisher and was first filled by Richard Cordray. It is a similar position to Solicitors in many states and is modeled after the United States Solicitor General. [1] By 2003, twenty-nine states had Solicitors General, although only eight had them fifteen years earlier. [2] Initially, the Solicitor had no support staff except a secretary. In 1999, two "associate solicitors" began to work with the state solicitor in the attorney general’s office with an exclusive focus on appellate litigation. In addition to the solicitor and his assistants, The Simon Karas Fellowship program which was instituted in 2000, supports one lawyer each year to focus on appellate litigation soon after completion of law school or a judicial clerkship. It is not a statutory position in Ohio, but since April 2002 the Supreme Court of Ohio has recognized it in its rules. [1] In the first ten years of the position, three former United States Supreme Court Clerks held the appointment. [2]
The Solicitor does not always argue constitutional law. Cordray, who served under then-Attorney General Lee Fisher until Betty Montgomery won the position in 1994, argued a technical criminal case on Halloween day in 1993 when the post was created. [3]
Most states' attorneys general offices have had separate divisions with chiefs specializing in state and federal appellate works. Organizing the department with a separate solicitor general is a model that states are using in an attempt to promote the professionalism and quality of the work. This strategy generally gives the attorney general more of a specialist who may be somewhat of a legal scholar on staff. Also, the solicitor is typically someone who was not involved in the attorney general's campaign and is thus someone who is more likely to offer a different perspective than other lawyers who are entrenched in the department. [2]
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.
In the United States, a state court is a law court established by a U.S. state that has jurisdiction over disputes with some connection to that state. State's generally provide courts of broad, plenary and general jurisdiction, subject to appeals. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and generally handle cases under federal law, as distinguished from state law.
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.
The solicitor general of the United States, the fourth-highest-ranking official within the United States Department of Justice, represents the federal government in cases before the U.S. Supreme Court. Elizabeth Prelogar has served in the role since October 28, 2021.
A solicitor general or solicitor-general, in common law countries, is usually a legal officer who is the chief representative of a regional or national government in courtroom proceedings. In systems that have an attorney-general, the solicitor general is often the second-ranked law officer of the state and a deputy of the attorney-general. The extent to which a solicitor general actually provides legal advice to or represents the government in court varies from jurisdiction to jurisdiction, and sometimes between individual office holders in the same jurisdiction.
In the United States, a district attorney (DA), county attorney, county prosecutor, state's attorney, prosecuting attorney, commonwealth's attorney, state attorney or solicitor is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact and scope of the office varies by state. Generally, the prosecutor represents the people of the jurisdiction. With the exception of three states, district attorneys are elected, unlike similar roles in other common law jurisdictions.
Richard Adams Cordray is an American lawyer and politician serving as the COO of Federal Student Aid in the United States Department of Education. He served as the first director of the Consumer Financial Protection Bureau (CFPB) from 2012 to 2017. Before that, Cordray variously served as Ohio's attorney general, solicitor general, and treasurer. He was the Democratic nominee for governor of Ohio in 2018.
Beth S. Brinkmann is an American lawyer who served as Deputy Assistant Attorney General in the United States Department of Justice, heading up the appellate staff in the DOJ's Civil Division during the administration of President Barack Obama. She also served as Assistant to the Solicitor General of the United States from 1993 through 2001. Brinkmann has argued 25 cases before the United States Supreme Court both in that role and in her later role as a partner in the Washington, D.C. office of the firm Morrison & Foerster. Currently, Brinkmann is a partner at the Covington & Burling law firm in Washington, D.C.
Gregory G. Garre is an American lawyer who served as the 44th United States Solicitor General from June 19, 2008, to January 16, 2009. He is currently a partner at Latham & Watkins, a private law firm.
Carolyn Barbara Kuhl is a judge on the Superior Court of California for the County of Los Angeles and a former nominee to the United States Court of Appeals for the Ninth Circuit. She became a Superior Court judge in 1995 and was nominated to a seat on the United States Court of Appeals for the Ninth Circuit on June 22, 2001, by President George W. Bush.
Kannon Kumar Shanmugam is an American lawyer known for his litigation at the U.S. Supreme Court. He became a partner at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison in 2019, and became the managing partner of the firm's Washington, D.C. office and chair of its Supreme Court and appellate practice group. Shanmugam was mentioned as a possible Solicitor General or judicial nominee in the 2017–2021 Donald Trump administration.
Kenneth Steven Geller is a former managing partner of the global law firm Mayer Brown LLP. Prior to that, he served as Deputy Solicitor General of the United States and as an Assistant Special Prosecutor in the Watergate Special Prosecution Force.
The solicitor general of Florida or Florida solicitor general is the top appellate (appeals) solicitor (lawyer) for the U.S. State of Florida. It is an appointed position in the Office of the Florida Attorney General and the individual serves at the pleasure of the attorney general. Many of the cases handled by the Solicitor are argued in the United States Supreme Court and the Supreme Court of Florida. However some cases within the solicitor's responsibilities are under the jurisdiction of the United States Court of Appeals for the 11th Circuit and the state appellate courts. The solicitor represents the Florida attorney general before the Florida Supreme Court and other appellate courts, as needed. He also decides whether the State of Florida has an interest in all cases filed in the Florida Supreme Court and if the state should file or join an amicus brief.
Scott Douglas Makar is an American lawyer, college professor and Judge on Florida's Fifth District Court of Appeal, recommissioned from the First District Court of Appeal on January 1, 2023 by Governor Ron DeSantis. Previously he was the Florida Solicitor General serving from 2007 until 2012 and in that position, argued five cases before the United States Supreme Court.
The Michigan Solicitor General or Solicitor General of Michigan is the top appellate lawyer for the State of Michigan. It is an appointed position in the Office of the Michigan Attorney General, with supervision over all of the office's major appellate cases and amici briefs. The majority of the matters that the Solicitor General handles are argued in the United States Supreme Court and the Michigan Supreme Court, although the Solicitor General is also responsible for Michigan's filings in the United States Court of Appeals for the Sixth Circuit, Michigan's appellate courts, and other federal and state appellate courts. On January 15, 2019, Michigan Attorney General Dana Nessel named Fadwa A. Hammoud Michigan Solicitor General.
John J. Bursch was the 10th Michigan Solicitor General. He was appointed by Michigan Attorney General Bill Schuette on February 28, 2011. Prior to being Michigan Solicitor General, Bursch served as chair of the Appellate Practice and Public-Affairs Litigation Groups at Warner Norcross & Judd. Bursch argued in more than 6% of all the cases the U.S. Supreme Court heard during his tenure as solicitor general. Bursch returned to private practice at Warner Norcross & Judd in December 2013, and founded his own law firm in 2016, Bursch Law.
Deepak Gupta is an American attorney known for representing consumers, workers, and a broad range of clients in U.S. Supreme Court and appellate cases and constitutional, class action, and complex litigation. Gupta is the founding principal of the law firm Gupta Wessler LLP and a lecturer at Harvard Law School, where he is an instructor in the Harvard Supreme Court Litigation Clinic.
The Solicitor General of Texas is the top appellate solicitor or lawyer for the U.S. state of Texas. It is an appointed position in the Office of the Texas Attorney General that focuses on the office's major appellate cases. The majority of the cases handled by the solicitor are argued in the United States Supreme Court and the Supreme Court of Texas. However some cases within the solicitor's responsibilities are under the jurisdiction of the United States Court of Appeals for the Fifth Circuit and the state appellate courts. The solicitor represents the Attorney General of Texas before the Supreme Court of Texas and other appellate courts, as needed. The Office of the Solicitor General writes most of the amicus briefs filed by the Texas attorney general's office.
Benjamin Michael Flowers is an American lawyer from Ohio who has served as the Solicitor General of Ohio since 2019.
Brian Fletcher is an American lawyer who serves as the Principal Deputy Solicitor General of the United States. He served as Acting Solicitor General from August 11, 2021, until Elizabeth Prelogar's confirmation on October 21, 2021.
